Best option for you is Amend the money by filing 1040X. If it comes in highlight tomorrow then your ramification from Immigration point of view will be less, if they will come to know that you had received a credit that you were not supposed to, which I am assuming that you have filed 1040A, you will get in lot in troublee..which they might find out while you apply for citizenship or other stuff...

fiji_water · Apr 1, 2012 9:35 AM

@ fiji_Water, Furthermore I also had worked for couple months in a cheque and for 2009 and 2010, i had taken a American opportunity credit. I already applied for FAFSA PIN yesterday and was filing a FAFSA form and I stopped it when it came to a point where I had a pull 2010 tax return from IRS to FAFSA. so, what will be the best option now? Do you want me to amend it now and can i do it after April 17th because i don't have money right now to pay them back. I heard that we can still make a payment in installment. what do you think? your help will be greatly appreciated. Thanks again for your input.

Nepalibhandu · Apr 1, 2012 10:24 AM

 What I mean in the above sentence is i stopped at a point where I had to pull the information from IRS and submit it to FAFSA. I just stopped there. 

Nepalibhandu · Apr 1, 2012 11:18 AM

 I know what you mean. I thinking your working should be fine as long as you have not claim  that you are nagarik  yo desh ma on i-9. Also you were paying tax, so it should be ignored, but when it comes to taking money from Uncle Sam, he will let you run but get you back in long run.  As long as you amend the money before they find out you should be fine,  That's how  it works but not the other way around.  if they will find out that you clamied something that you should not had and had recived money you will face some consequences for that.  As far as it goes amending the Clamied credit, what you can do is, get a CPA or acct and have them fill out 1040X, they usually charge $100 for each yr. Then simply send those docs and it will take 4-6 weeks to process and they will send you that the total amount you owe probably with some pentaly but should not be more than $500  and you can call them and set up a playment plan.  Iam not sure but i have heard that  you have a 3 yr time period to amend a return. SO if you have claimed on 09 then this should be your last yr to send it., Better send it by end of this week. 

fiji_water · Apr 1, 2012 3:08 PM

 Thank U so much for your time and inputs. I will go through the amendment process now. on the other note, can i amend it after 3 years or not. I took it on 2009 and 2010. On 2011 i was already a resident and took the credit. i filed 1040A on both years and i was wondering if i go through amendment will i be in trouble for filing the 1040A instead of 1040NR/EZ. Furthermore, will they check my all the tax returns from 2009 till the day i file for citizenship or just of 5 years i.e starting 2011-2016. Thanks again for your valuable time.

Nepalibhandu · Apr 1, 2012 3:19 PM

 I am not sure if you can or cannot amend after 3 years period. When you sign the form under prejury of pentaly that means you acknowledge what you are doing. But still you can be misinformed and filled out the wrong form. Tax is very complex as we will know. there are too many pages to stay on record. So you could have made an honest mistake and write that as a reason you are amending the money on 1040X.  I don't think you are required to show more than 3 years of your tax record. But since the laws are changing so rapidly who knows there will be an exchange betn. those two's databases. both are feds. ... It's all upto you though..

fiji_water · Apr 1, 2012 5:25 PM

 I agree with fiji_water regarding amendment. But it sounds like you want to do it yourself. I completely disagree with that.  You will just really have to stop cheaping out and talk to a CPA about this. It's a serious issue and needs to be addressed immediately because you don't want to jeopardize your history with the IRS. Also: find a good CPA with reputable credentials. You don't want to go to some desi that charges less and end up being audited (which is not fun, trust me).

doctorbee · Apr 2, 2012 9:40 AM